Will

GANGO PADHYAYA (Querist) 15 April 2015 This query is : Resolved
Sir

Father filed a Civil Suit on her daughter for eviction and 2007 while pending a case he executed a registered will in the year 2007 to his son suit is decreed in the year 2008 there upon father filed execution petition while pending execution petition father died:

At this juncture the Son came with WILL and filed Section 50 CPC petition as proposed Decree Holder in the Execution Petition

Upon pursuing the petition Judge asked the proposed Decree Holder according Section 68 Evidence Act WILL in Execution Proceeding : WHAT THE DECREE HOLDER CAN DO..

TO IMPLEAD IN THE EXECUTION PETITON AS DECREE HOLDER

NOW THE PROPOSED DECREE HOLDER WHAT ARE THE PRECAUTIONS CAN FOLLOW

GIVE CITATIONS AND SUGGESSITIONS

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Advocate Kappil Cchandna (Expert) 15 April 2015
Sir,

Only registered is not sufficient to get him sole right to get impleaded ...he needs to probate it first of all ....

Warm Regards
Kapil Chandna Adv 9899011450

M/s. Y-not legal services (Expert) 16 April 2015
yes..

probate is mandatory for get rights over the property..

ajay sethi (Expert) 16 April 2015
apply for probate of father will

Rajendra K Goyal (Expert) 16 April 2015
Get the will probated.

Dr J C Vashista (Expert) 17 April 2015
I agree with experts advise, get the will probated.

T. Kalaiselvan, Advocate (Expert) 23 April 2015
A registered Will may not require grant of probate in such cases, however in the impleading petition if the court insists on probate, you may apply for probate of the will and after getting it, the implead petition may be processed and the EP may be proceeded accordingly.

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